(영문) 울산지방법원 2019.11.21.선고 2019고단2631 판결

Defendant A’s imprisonment of one year and two months, and Defendant B’s imprisonment of eight months. Defendants jointly and severally pay KRW 4.5 million to the applicant for compensation.

The above order of compensation may be provisionally executed.

An application for compensation order filed by an applicant D shall be dismissed.

Reasons

Criminal History 2019 Highest 2631

1. The defendant's crime of conspiracy;

The defendant, at around March 2018, was aware of the fact that the defendant, while working together with Paos Pace Pace Co., Ltd. in Sinh City, lives together with the defendant around March 2019, and living expenses were insufficient, he could transfer money to another account from the owner of the mobile phone to another account, and he could withdraw cash from the cash withdrawal without the cash card to the victim's mobile phone transfer from the victim's own account to the victim's mobile phone transfer from the victim's account to the victim's account to the victim's account. The defendant, who used the aforementioned word "the victim's mobile phone transfer from the victim's account to the victim's account to the victim's account," and the defendant, who used the mobile phone transfer from the victim's account to the "the victim's mobile transfer to the victim's account to pay the victim's cash transfer to the victim's account" or "the victim's mobile transfer to the victim's mobile phone transfer to the victim's account.

(a) Larceny;

Defendant A, in accordance with the above public offering, at around June 9, 2019, around 01:22, 201, Defendant A cut off one cell phone in Samsung Galle, the market value of Samsung Galle, the victim E, who was placed on the victim’s own 800,000 won, where the victim E was placed on the other floor, was cut off.

In addition, the Defendants conspired with the Defendants to steal the victims’ property at least 13 times in total, as described in the list of crimes in the attached Form from May 2019 to June 29, 2019.

(b) Computer and other fraudulent means;

Defendant A, according to the aforementioned public offering information processing device around 9.01:59 on Jun. 9, 2019, at Fl. B, at Fl. B, Defendant E’s mobile phone, as described in paragraph (a), entered the victim E’s cell phone number and authentication number without authority, and Defendant B connected the victim E’s cell phone number and authentication number to the victim E’s account, and then released the victim’s 356***)’s 352* *)’s personal account from Fl.m.’s 2,260,00 won from Fl.m.’s 7 personal data transfer from Fl.m.’s 2,260,00 and then withdrawn it to Defendant A’s 7 p.m.’s personal data transfer from Fl. 9 to Fl.’s 9 p.m.’s 2, 2019 to 7 p.m.’s 9 to 18.m.’s 2019 to 8.m.

2. Defendant A’s sole criminal act (Fraud) up to 15:00 on June 25, 2019, posted a notice to Defendant A, “I sell No. 9 mobile phones by accessing “AA” at a place where the location cannot be known,” and selling No. 9 mobile phones to the victim F, who reported the above article and made contact, as direct trade at KRW 40,000. The false notice was made.

However, on June 20, 2019, the No. 9 mobile phone held by the defendant at the time of the issuance of the mobile phone to the victim was "the loss of the defendant's cell phone owned by another person," and the victim was aware that the victim could not use it in the ordinary course, even if it was delivered to the victim.

Nevertheless, the Defendant, as above, was informed of the victim on June 25, 2019 by deceiving the victim, and received 380,000 won from the victim at Ulsan-gu ** Ulsan-do 00, Ulsan-do * 300,000.

As a result, Defendant was given property by deceiving the victim.

"2019 Highest 2947 "

1. 피해자 G 에 대한범행 피고인 A 는 2019.6.14.05:29경 천안시 서북구 **로 00 # 층 에 있는 ♤♤스파찜질방 에서 , 피해자 G 가잠 이 들어 주의가 소홀한 틈 을 타 그곳 바닥에 놓여 있던 피해자 소유인 시가 30 만 원상당의 삼성 갤럭시 휴대폰 1대 를 몰래 가지고 가 절취하였다.

2. Defendant A, at around 14 June 14, 2019:5:54, at the same place as indicated in paragraph (1) around 54, 2019; Defendant A, a victim H, who was placed on a different floor of the victim’s ownership of Samsung Ggaltha, destroyed one mobile phone at KRW 200,00,000, in Samsung Ggaltha, the market price of the victim’s ownership.

【2019 Highest 3776】

1. 피고인 A 는 2019.2. 1. 12:03경 서울 광진구 **로 00 & 층 에 있는 'BB스파랜드' 찜질방 내 ## 방 3 번째 칸에서 피해자 I가 잠 을 자고 있는 틈 을 타 피해자 소유의 시가 90 만 원 상당 의 휴대폰(갤럭시 S9+)을 가지고가 이를 절취하였다.

2. At around 13:00 on February 2, 2019, Defendant A, at the Seongdong-gu Seoul ** 00 soup or soup brying room, with a cellular phone (gallon No. 8) equivalent to KRW 600,000 in the market price owned by the other victim.

Since March 2019, Defendant 2019, 3912, at the same time, became aware of the same company in the course of living with the same company around 2018, Defendant 2 conspired to commit so-called ‘mail of goods' through the Internet, thereby raising a living cost. Defendant B made a ID to post a false letter on the Internet website, and made contact with the victim. Defendant A posted a letter on the Internet bulletin, received damage amount from the victim to his account, and then divided it to Defendant B, respectively.

1. On May 13, 2019, the victim K fraud Defendant posted a false letter to the effect that he would send the goods to the victim K who reported and contacted the above letter to the effect that he would sell the goods by visiting her "I sell Handphonephones" by accessing her trading site in the mutual incompetence her trade name."

However, the Defendants did not have the ability to send goods in a normal way even if they received the money from the victims at the time. The Defendants were bound to receive KRW 150,000 from the victims to the Agricultural Cooperative Account (*****) in the name of the Defendant around May 13, 2019. Accordingly, the Defendants received goods by public offering by deceiving the victims.

2. 피해자 L 에 대한사기 피고인 들은 위와 같은 공모에 따라 2019.5. 17.경 전남 목포시 **동 에 있는 상호불상의 모텔 에서 중고 거래 사이트 '①⑨'에 접속하여 '갤럭시S6 핸드폰을 판매합니다.'라는 내용 의 글 을 게시하고 위 글 을 보고 연락해 온 피해자 L에게물품대금을 송금하면 물건 을 택배 로 보내 주겠다는 취지로 거짓말을 하였다.

However, the Defendants did not have the ability to send goods normally even if they received the proceeds of the goods from the victims at the time. The Defendants were bound to receive KRW 5,000 from the victims to the Agricultural Cooperative Account in the name of the Defendant A (*****) around May 18, 2019. Accordingly, the Defendants received the goods by deceiving the victims by public offering.

" 2019 Highest 4040"

Defendant A transferred KRW 50,00 from the Agricultural Cooperative Account (352*) in the name of the Defendant (352*) to the Agricultural Cooperative Account (352*) in the name of the Defendant (352*) to the Agricultural Cooperative Account (352*) in the name of the victim, which was connected to the Account by entering the victim’s mobile phone number and certification number in the victim’s cell phone number from the victim’s cell phone number from the victim’s cell phone number and 352***) to the 50,000,00. Accordingly, Defendant acquired property benefits by making the data processed by entering the information into the data processing system, such as computer, without authority.

Summary of Evidence

Omission

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Articles 347(1), 347-2, and 329 of each Criminal Code / [Determination of Imprisonment]

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

1. A petitioner C for an order of compensation: Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings: Article 32 (1) 1 and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings / [The application is illegal since it is filed after the conclusion of legal proceedings];

The reason for sentencing is that all the defendants grow up in the family environment where they were influent and after committing the crime, but it is recognized that the defendants of this case were divided into Seoul, Daejeon, Busan, Ulsan, Ulsan, Jeonnam and Chungcheongnamnam, etc., but they installed a remittance brokerage flusing with the mobile phone thefting and making soup on the Internet, such as Seoul, Daejeon, Busan, Ulsan, Jeonnam and Chungcheongnamnam, etc.

After posting a false copy at the high-class transaction website, a number of victims were gathered, and the amount of damage was not only a large amount, but also a good crime such as introducing a new type of crime using remittance brokerage method, etc. The seized mobile phone is excluded from return to victims, and no smooth agreement has been reached with victims or victims, and there was a record of suspension of indictment or juvenile protective disposition several times due to Defendant A-Class crime, and the credit card lost by Defendant B was used for fraud, etc. The punishment has been achieved by taking full account of the following factors: the specific role of the Defendants in the above crime; the age, occupation, character, family relationship, living environment, circumstances leading to the crime, circumstances leading to the crime, etc.

The same type as the order shall be prescribed.